42 USC 2000e-16 Employment by Federal Government
42 USC 2000e 16.htm
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42 USC 2000e-16 Employment by Federal Government
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US CODE: Title 42,2000e–16. Employment by Federal Government
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[1] So in original.
§ 2000e–16. Employment by Federal Government
(a) Discriminatory practices prohibited; employees or applicants
for employment subject to coverage
All personnel actions affecting employees or applicants for
employment (except with regard to aliens employed outside the limits of the
United States) in military departments as defined in section 102
of title 5, in
executive agencies as defined in section 105
of title 5
(including employees and applicants for employment who are paid from
nonappropriated funds), in the United States Postal Service and the Postal Rate
Commission, in those units of the Government of the District of Columbia having
positions in the competitive service, and in those units of the judicial branch
of the Federal Government having positions in the competitive service, in the
Smithsonian Institution, and in the Government Printing Office, the Government
Accountability Office, and the Library of Congress shall be made free from any
discrimination based on race, color, religion, sex, or national origin.
(b) Equal Employment Opportunity Commission; enforcement powers;
issuance of rules, regulations, etc.; annual review and approval of national and
regional equal employment opportunity plans; review and evaluation of equal
employment opportunity programs and publication of progress reports;
consultations with interested parties; compliance with rules, regulations, etc.;
contents of national and regional equal employment opportunity plans; authority
of Librarian of Congress
Except as otherwise provided in this subsection, the Equal
Employment Opportunity Commission shall have authority to enforce the provisions
of subsection (a) of this section through appropriate remedies, including
reinstatement or hiring of employees with or without back pay, as will
effectuate the policies of this section, and shall issue such rules,
regulations, orders and instructions as it deems necessary and appropriate to
carry out its responsibilities under this section. The Equal Employment
Opportunity Commission shall—
(1) be responsible for the annual review and approval of a national
and regional equal employment opportunity plan which each department and agency
and each appropriate unit referred to in subsection (a) of this section shall
submit in order to maintain an affirmative program of equal employment
opportunity for all such employees and applicants for employment;
(2) be responsible for the review and evaluation of the operation of
all agency equal employment opportunity programs, periodically obtaining and
publishing (on at least a semiannual basis) progress reports from each such
department, agency, or unit; and
(3) consult with and solicit the recommendations of interested
individuals, groups, and organizations relating to equal employment opportunity.
The head of each such department, agency, or unit shall
comply with such rules, regulations, orders, and instructions which shall
include a provision that an employee or applicant for employment shall be
notified of any final action taken on any complaint of discrimination filed by
him thereunder. The plan submitted by each department, agency, and unit shall
include, but not be limited to—
(1) provision for the establishment of training and education programs
designed to provide a maximum opportunity for employees to advance so as to
perform at their highest potential; and
(2) a description of the qualifications in terms of training and
experience relating to equal employment opportunity for the principal and
operating officials of each such department, agency, or unit responsible for
carrying out the equal employment opportunity program and of the allocation of
personnel and resources proposed by such department, agency, or unit to carry
out its equal employment opportunity program.
With respect to employment in the Library of Congress,
authorities granted in this subsection to the Equal Employment Opportunity
Commission shall be exercised by the Librarian of Congress.
(c) Civil action by employee or applicant for employment for
redress of grievances; time for bringing of action; head of department, agency,
or unit as defendant
Within 90 days of receipt of notice of final action taken by
a department, agency, or unit referred to in subsection (a) of this section, or
by the Equal Employment Opportunity Commission upon an appeal from a decision or
order of such department, agency, or unit on a complaint of discrimination based
on race, color, religion, sex or national origin, brought pursuant to subsection
(a) of this section, Executive Order 11478 or any succeeding Executive orders,
or after one hundred and eighty days from the filing of the initial charge with
the department, agency, or unit or with the Equal Employment Opportunity
Commission on appeal from a decision or order of such department, agency, or
unit until such time as final action may be taken by a department, agency, or
unit, an employee or applicant for employment, if aggrieved by the final
disposition of his complaint, or by the failure to take final action on his
complaint, may file a civil action as provided in section 2000e–5
of this title, in which civil action the head of the department, agency, or
unit, as appropriate, shall be the defendant.
(e) Government agency or official not relieved of responsibility
to assure nondiscrimination in employment or equal employment opportunity
Nothing contained in this Act shall relieve any Government
agency or official of its or his primary responsibility to assure
nondiscrimination in employment as required by the Constitution and statutes or
of its or his responsibilities under Executive Order 11478 relating to equal
employment opportunity in the Federal Government.
[1] So in original.
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